Evidence-Wellborn SU2006 Outline

Thus in the guise of impeachment a party might get

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Unformatted text preview: he worshipped his wife, was a statement of good character collateral matter, did not relate to the substantive issues of the case (rape and burglary) Can't offer extrinsic solely to contradict a witness for purposes of impeachment. Notes: Court divides. Majority says reversible error, because this fact, the nature of Kellensworth's treatment of his former wife during their marriage is a collateral matter, that cannot be used for the sole purpose of impeaching the witness. Test: Is the matter collateral? Could the fact have been shown in evidence for any purpose independently of the contradiction? o If Yes, then it is not collateral o If no, then it is collateral This case: No, could not have just randomly brought in evidence that he beat his former wife (would go against 404(a))!! Dissent: Agrees that this is a collateral matter but argues that by eliciting this evidence from mom, the defense opened the door. Wellborn is with the majority: yes, he opened the door...but when he asked: What kind of a husband is he?...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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